Wisconsin Labor Laws

In 2022, the minimum wage in Wisconsin is $7.25 per hour.

The minimum wage for tipped employees is $2.33, except for trainees, who may be paid $2.13.

Employers are not allowed to require employees to participate in tip pooling or sharing arrangements. Employees may voluntarily agree to participate and rely on the employer to redistribute tips.

In calculating the overtime rate for the tipped employee, the restaurateur must multiply the minimum wage ($7.25 per hour) by 1½ (1.5), subtract the tip credit ($4.92 per hour), multiply that figure by the number of overtime hours worked, and then add that sum to their 40-hour total. 

Wisconsin law does not require that employers provide brief rest periods, coffee breaks, or meal periods to adult employees, although the Department recommends that employers do so.

Employers are encouraged, but not required, to provide breaks of at least 30 minutes in duration at times reasonably close to the usual meal period. Such matters are to be determined directly between the employer and the employee.

Yes. However, where tips are charged on a credit card and the employer must pay the credit card company a percentage on each sale, then the employer may pay the employee the tip, less that percentage. This charge on the tip may not reduce the employee’s wage below the required minimum wage. The amount due the employee must be paid no later than the regular pay day and may not be held while the employer is awaiting reimbursement from the credit card company.

Employers are not required to provide paid or unpaid sick leave but must comply with their own established policies if they choose to implement one.  

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